Mahesh Kumar vs The State Of M.P.
2022 Latest Caselaw 3614 MP

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          THE HIGH COURT OF MADHYA PRADESH
                       MCRC No. 12308/2022
                (MAHESH KUMAR Vs STATE OF M.P.)

Gwalior, Dated : 14/03/2022

      Shri Tapendra Sharma, Counsel for applicant.

      Shri Sushant Tiwari, Counsel for State.

      Case diary is available.

      This second application under Section 438 of CrPC has been

filed for grant of anticipatory bail. The first application was disposed

of by order dated 02.02.2022 passed in M.Cr.C. No.1599/2022.

      The applicant apprehends his arrest in connection with Crime

No.579/2020 registered at Police Station Dehat Distt. Bhind for

offence under Sections 452, 353, 332, 186, 294, 506, 34 of IPC.

      Earlier the bail application of applicant was rejected by Special

Judge, Bhind in B.A. No.1515/2021, and accordingly, M.Cr.C.

No.1599/2022 was filed which was disposed of by order dated

02.02.2022

with a direction to decide the objection raised by the

applicant with regard to the identity of Mahesh mentioned in FIR.

Accordingly, by the impugned order dated 08.02.2022, the

Court below has held that in the supplementary statement of the

complainant which was recorded on 10.10.2021, he has clarified the

address of applicant as resident of Ambedkar Nagar, and therefore, has

rejected the bail application.

It is submitted by Counsel for applicant that FIR was lodged on

25.09.2020 thereby making allegations with regard to an incident

which took place on 24.09.2020 and the statement of the complainant

THE HIGH COURT OF MADHYA PRADESH MCRC No. 12308/2022 (MAHESH KUMAR Vs STATE OF M.P.)

was recorded on 26.09.2020, thereafter on 10.10.2021, the identity of

the accused Mahesh was changed and applicant has been implicated.

Under these circumstances, even if the police has filed the charge-

sheet showing him as absconding may not come in his way as he has

been falsely implicated after one year of the incident. The applicant is

ready and willing to surrender before the trial Court/concerned Court.

The trial is likely to take sufficiently long time and there is no

possibility of his absconding or tampering with prosecution case.

Per Contra, the application is opposed by the State Counsel.

Considering the facts and circumstances of the case and without

commenting on the merits of the case, the application is allowed

subject to condition that if the applicant appears before the Trial Court

on or before 21st March, 2022, he shall be released on bail on his

furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One

Lac Only) with one surety in the like amount to the satisfaction of the

Trial Court.

The applicant shall appear before the Trial Court as and when

required. He shall further abide by the other conditions enumerated in

sub-section (2) of Section 438 of Cr. P. C.

It is made clear that in case if the applicant fails to appear

before the Trial Court on or before 21st March, 2022, then this order

shall lose its effect and the Trial Court shall be at liberty to take

THE HIGH COURT OF MADHYA PRADESH MCRC No. 12308/2022 (MAHESH KUMAR Vs STATE OF M.P.)

coercive steps for the arrest of the applicant.

In the light of the judgment passed by the Supreme Court in the

case of Aparna Bhat & Ors. vs. State of M.P. passed on 18/3/2021

in Criminal Appeal No.329/2021, the intimation regarding grant of

bail be sent to the complainant.

CC as per rules.

(G.S. Ahluwalia) Judge

Aman AMAN TIWARI 2022.03.14 17:18:26 +05'30'